When parents separate, sometimes disputes arise regarding how much time the children spend with each parent, and with whom the children shall live with. As family lawyers, our goal is to ensure that matters are resolved swiftly and amicably.
If it is not possible to reach an agreement without court intervention, then it may be necessary to issue an application to the family court for a child arrangements order. This is a legal order that regulates with whom the children are to live with, and how much time they are to spend with each parent. The order can also set out arrangements for regular contact, as well as holidays and special occasions. The order may include indirect contact between the parent and children, such as letters/gifts/cards, and also how the parents are to communicate with each other.
The court will make a decision about the arrangements based on the children's best interests, with the children's welfare being the paramount concern of the court.
If you are unable to reach an agreement with the other parent in respect of arrangements for your children, then a child arrangements can be advantageous as it clearly defines the times that the children are to spend with each parent, thereby reducing room for disagreements and uncertainty. It can also be beneficial for the children to have a consistent routine of time spent with each parent that promotes their relationship whilst being safe and in their best interest.
A child arrangements order is a legal order, and therefore must be followed by both parents. This ensures the contact and living arrangements for the children happen as determined by the court.
If the other parent breaches a child arrangements order, then you will need to return the matter back to the family court for enforcement of the order. The court will only make an enforcement order if it is satisfied that a person has failed to comply with the order. The court will not make an enforcement order if it is satisfied that the person had a reasonable excuse for failing to comply with the order.
Provided that both parents agree to make variations to the order, then the arrangements can be changed without it being a breach. However, it is important to keep in mind that any changes will not be legally binding unless this is formally approved by the court. This means that in the event the informal changes to the order are no longer agreed by both parents, the arrangements would need to go back to what is set out in the original child arrangements order.
In the event that you or the other parent wish to make changes to the order, and an agreement cannot be reached, then a formal application will need to be made to the court to amend the child arrangements order. The court will then review the circumstances, and decide whether any changes would be proportionate and in the children's best interest.
The arrangements set out in a child arrangements order remain legally binding until your children reach the age of 16 years old, unless the order specifically states otherwise. The 'live with' element of a child arrangements order remains legally binding until your children reach the age of 18 years old, however the court are very reluctant to enforce such orders beyond the age of 16 unless there are exceptional circumstances.
Our family solicitors have considerable experience helping individuals navigate the complex and challenging area of child arrangements. To speak to a member of our team, please do get in touch.
